council kaunihera open agenda...council agenda 28 may 2020- open page 5 of 97 1 apologies - tono...

Council Agenda 28 May 2020- OPEN of 97

Notice of Meeting: I hereby give notice that an ordinary Meeting of the Council will be held on:

Date: Time: Meeting Room:

Thursday 28 May 2020

10.00am

Audio Visual Meeting

Richard Briggs

Chief Executive

Council Kaunihera

OPEN AGENDA

Membership

Chairperson Heamana Deputy Chairperson Heamana Tuarua Members

Mayor P Southgate Deputy Mayor G Taylor Cr M Bunting Cr M Forsyth Cr M Gallagher Cr R Hamilton Cr D Macpherson Cr K Naidoo-Rauf Cr A O’Leary Cr R Pascoe Cr S Thomson Cr M van Oosten Cr E Wilson

Quorum: A majority of members (including vacancies)

Meeting Frequency: Monthly – or as required

Becca Brooke

Governance Manager Menetia Mana Whakahaere

21 May 2020 Telephone: 07 838 6727

[email protected]

www.hamilton.govt.nz


Purpose

The Council is responsible for:

1. Providing leadership to, and advocacy on behalf of, the people of Hamilton.

2. Ensuring that all functions and powers required of a local authority under legislation, and all decisions

required by legislation to be made by local authority resolution, are carried out effectively and

efficiently, either by the Council or through delegation.

Terms of Reference

1. To exercise those powers and responsibilities which cannot legally be delegated by Council:

a) The power to make a rate.

b) The power to make a bylaw.

c) The power to borrow money, or purchase or dispose of assets, other than in accordance with the

Long Term Plan.

d) The power to adopt a Long Term Plan or Annual Plan, or Annual Report.

e) The power to appoint a Chief Executive.

f) The power to adopt policies required to be adopted and consulted on under the Local Government

Act 2002 in association with the Long Term Plan, or developed for the purpose of the Council’s

governance statement, including the 30-Year Infrastructure Strategy.

g) The power to adopt a remuneration and employment policy.

h) The power to approve or change the District Plan, or any part of that Plan, in accordance with the

Resource Management Act 1991.

i) The power to approve or amend the Council’s Standing Orders.

j) The power to approve or amend the Code of Conduct for Elected Members.

k) The power to appoint and discharge members of committees.

l) The power to establish a joint committee with another local authority or other public body.

m) The power to make the final decision on a recommendation from the Parliamentary Ombudsman,

where it is proposed that Council not accept the recommendation.

n) The power to amend or replace the delegations in Council’s Delegations to Positions Policy.

2. To exercise the following powers and responsibilities of Council, which the Council chooses to retain:

a) Resolutions required to be made by a local authority under the Local Electoral Act 2001, including

the appointment of an electoral officer and reviewing representation arrangements.

b) Approval of any changes to Council’s vision, and oversight of that vision by providing direction on

strategic priorities and receiving regular reports on its overall achievement.

c) Approval of any changes to city boundaries under the Resource Management Act.

d) Adoption of governance level strategies plans and policies which advance Council’s vision and

strategic goals.

e) Approval of the Triennial Agreement.


f) Approval of the local governance statement required under the Local Government Act 2002.

g) Approval of a proposal to the Remuneration Authority for the remuneration of Elected Members.

h) Approval of any changes to the nature and delegations of the Committees.

i) Approval of all Council and Committee Advisory Groups and their terms of reference.

j) Appointments to, and removals from, CCO CCTO and CO boards;

k) Approval of proposed major transactions or constitutional adjustments of CCOs, CCTOs and COs.

l) Approval or otherwise of any proposal to establish, wind-up or dispose of any holding in, a CCO,

CCTO or CO.

m) Approval of city boundary changes, including in respect of Strategic Boundary Land Use

Agreements.

n) Approval Activity Management Plans.

Oversight of Policies and Bylaws:

• Corporate Hospitality and Entertainment Policy

• Delegations to Positions Policy

• Elected Members Support Policy

• Significance and Engagement Policy


ITEM TABLE OF CONTENTS PAGE

1 Apologies – Tono aroha 5

2 Confirmation of Agenda - Whakatau raarangi take 5

3 Declarations of Interest - Tauaakii whaipaanga 5

4 Public Forum - AAtea koorero 5

5 Confirmation of the Council Meeting Open Minutes - 30 April 2020 6

6 Confirmation of the Elected Member Open Briefing Notes - 6 May 2020 17

7 Confirmation of the Elected Member Open Briefing Notes - 13 May 2020 21

8 Chair's Report 23

9 Fees and Charges (including GST) Proposed for Year 3 2020 21 of the 2018-28 10-Year Plan 26

10 Contractors Minimum Wage 63

11 Open Air Burning Bylaw 2015 review 69

12 Municipal Endowment Lease - Freeholding - 258 Fox Street 72

13 Hamilton Gardens Draft Management Plan 76

14 2019/20 Heritage Fund Extension of payments into 2020/21 85

15 Review of additional Maangai Maaori Representation on the Strategic Growth Committee 90

16 Open Recommendations from Committees to the Council 95

17 Resolution to Exclude the Public 97


1 Apologies - Tono aroha

2 Confirmation of Agenda - Whakatau raarangi take The Council to confirm the agenda.

3 Declaration of Interest - Tauaakii whaipaanga Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as an elected representative and any private or other external interest they might have.

4 Public Forum - AAtea koorero As per Hamilton City Council’s Standing Orders, a period of up to 30 minutes has been set aside for a public forum. Each speaker during the public forum section of this meeting may speak for five minutes or longer at the discretion of the Mayor. Please note that the public forum is to be confined to those items falling within the terms of the reference of this meeting. Speakers will be put on a Public Forum speaking list on a first come first served basis in the Council Chamber prior to the start of the Meeting. A member of the Governance Team will be available to co-ordinate this. As many speakers as possible will be heard within the allocated time. If you have any questions regarding Public Forum please contact Governance by telephoning 07 838 6727.


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Committee: Council Date: 28 May 2020

Author: Carmen Fortin Authoriser: Amy Viggers

Position: Governance Advisor Position: Governance Team Leader

Report Name: Confirmation of the Council Meeting Open Minutes - 30 April 2020

Report Status Open

Staff Recommendation - Tuutohu-aa-kaimahi

That the Council confirm the Open Minutes of the Council Meeting held on 30 April 2020 as a true and correct record.

Attachments - Ngaa taapirihanga

Attachment 1 - Council Open Unconfirmed Minutes - 30 April 2020.


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Author: Rebecca Watson Authoriser: Amy Viggers


Report Name: Confirmation of the Elected Member Open Briefing Notes - 6 May 2020

Report Status Open


That the Council confirm the Open Notes of the Elected Member Briefing held on 6 May 2020 as a true and correct record.


Attachment 1 - Elected Member Open Briefing Notes - 6 May 2020.


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Elected Member Briefing Notes –2020 – Open

Time and date: 6 May 2020, 10.00am

Venue: Audio Visual Meeting

In Attendance: Mayor Southgate, Deputy Mayor Taylor, Crs Bunting, Forsyth, Gallagher, Hamilton, Macpherson, Naidoo-Rauf, O’Leary, Pascoe, Thomson, van Oosten, Wilson and Maangai Hill, Te Ua, Thompson-Evans and Whetu

Apology for Full Session: Nil

Apologies for lateness/early departure:

Crs Naidoo-Rauf and O’Leary.

Discussion The briefing session covered the following topics in an open session.

• Living Wage

• Naming of Road, Street and Council Facilities Policy Review Update

• Housing Update

• Electoral System Review

There were a number of key points arising from the discussions: 1. Living Wage

(Report was pre-circulated)

Michael Cameron (University of Waikato) took his report concerning the Living Wage (pre-circulated to Members) as read.

Members asked questions in relation to the following:

• Whether additional financial modelling on implementing a living wage had been carried out by the University.

• Possible flow on effects of relativity adjustments

• Impacts on the business community that could result if a living wage was implemented and overall economic impact for the region if a living wage was adopted more widely

• Possible impacts to contractors and subcontractors

• How accredited living wage employers were registered (noting that businesses didn’t need to be accredited to be offing the living wage)

• Clarification on the Living Wage Aotearoa governance structure, decision making process, and how calculations around living wage were determined/recommended

• Comparison of adjustments over time of the living wage versus the minimum wage

• When the living wage concept came about/was introduced

• Background of the Council minimum wage

• Other examples of living wage being implemented in other Councils in NZ and internationally

• Merits of calculating a Hamilton specific living wage

• Evidence around claims of living wage implementation leading to productivity increases


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Elected Members and Maangai Maaori requested that staff provide additional information on the below points: - Merits of a Hamilton specific living wage calculation - Background information on previous resolution on Council Minimum Wage - Background around London model and learnings - Balanced overview of impacts to the business community and wider region, including

unintended consequences such as potentially creating job losses (specifically would like to hear from key stakeholders – HCBA, Chamber of Commerce)

- Further information on the Government’s position on the living wage - Equity considerations for Maaori in implementing the living wage - Information around audits/checks of Council’s contractors in ensuring money pertaining to

workers being paid the Council minimum wage was being passed onto workers - Job satisfaction survey/data linked to being on a living wage - Further analysis around funding/costs of the implementing of a living wage - Flow on effects of increases to staff wages i.e. ratcheting. - Justification around benefits of implementing the living wage and subsequent impact to

ratepayers.

2. Naming of Road, Street and Council Facilities Policy Review Update (Presentation was provided)

Staff explained that the purpose of the presentation was to outline proposed changes to the Naming of Road, Street and Council Facilities Policy and to seek initial feedback from Elected Members and Maangai Maaori.


• Clarification of the naming process

• Input from Iwi and Mana Whenua

• Whether there was a mechanism for Elected Members to recommend a name change

• Restrictions in the policy for length of names

• Input from the development community and the wider community

• Criteria in (g) doesn’t specify all or part and needs to be reviewed

• Clarification on who the decision makers are, and which circumstances apply in each case

• Clarification around the percentage of names to be in Te Reo.

• Policy being split into two and whether this would make it easier to understand.

• Clarification on who pays for costs associated with name changes

• Treaty of Waitangi, RMA, JMA requirements around naming and whether they are covered in the policy

• What part Council plays in terms of conduit between Iwi and Developers

• Whether historical aspects were appropriately reflected in the policy. 3. Housing Update

(Presentation was provided)

Staff introduced the item, noting information on this matter had been previously circulated.


• Housing affordability

• Council’s role in providing for affordable housing

• Mechanisms Council has to influence affordable housing

• Access to experts on this matter

• Density/intensification/infill strategy

• Rental/ownership market analysis


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• Legislation around housing

• Opportunities for partnership with other agencies

• Green/eco standards

• Zoning issues

• Incentivisation options 4. Electoral System Review


Staff introduced the Item and explained that the purpose of the presentation was to advise members on the process and timeline of the upcoming Electoral System Review.


• Advantages and disadvantages of each system

• Mechanisms and evidence of how STV provided for a more representative election result

• Research and analysis of the two systems and differences in what they deliver in terms of outcomes

• Community engagement and education plan

Staff Action: Staff undertook to provide Members further information concerning the advantages and disadvantages of each system, specifically regarding the outcomes/deliverables of each system, and noted they would like further input to the final community engagement material.


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Report Name: Confirmation of the Elected Member Open Briefing Notes - 13 May 2020

Report Status Open


That the Council confirm the Open Notes of the Elected Member Briefing held on 13 May 2020 as a true and correct record.


Attachment 1 - Elected Member Briefing Open Notes - 13 May 2020.


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Elected Member Briefing Notes – 13 May 2020 – Open

Time and date: 1.34pm, 13 May 2020

Venue: Via Audio Visual Link

In Attendance: Mayor Southgate, Crs Bunting, Gallagher, Hamilton, Macpherson, Thomson, Naidoo-Rauf, van Oosten, Wilson, O’Leary, Pascoe.

Apology for Full Session: Deputy Mayor Taylor, Cr Forsyth, Maangai Hill, Thompson-Evans, Whetu, Te Ua.

Apologies for lateness/early departure:

Cr Gallagher

Discussion The briefing session covered the following topics in an open session.

• Trading in Public Places Bylaw Review

There were a number of key points arising from the discussion: 1. Trading in Public Places Policy Review


The Consultant explained that the purpose of the presentation was to seek guidance from Members concerning mobile shops in the CBD area, specifically food trucks, in relation to the review of the Trading in Public Places Policy, as well as provide an opportunity to discuss fees and charges concerning food premises.


• Scope of proposed policy review;

• Engagement process;

• Previous feedback received from business owners in the CBD;

• Potential impact on businesses; and

• Trading times.


Item

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Author: Amy Viggers Authoriser: Becca Brooke

Position: Governance Team Leader Position: Governance Manager

Report Name: Chair's Report

Report Status Open

Recommendation - Tuutohu-aa-kaimahi

That the Council:

a) receives the report; and

b) notes that staff have proceeded with developing Electoral System Review engagement material, and that there will be a further opportunity for input from Elected Members into the final material at the appropriate time.


Attachment 1 - Chair's Report - 28 May 2020


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Chair’s Report

COVID-19 Covid-19 has meant a complete revision of the way we conduct business. I want to congratulate councillors and staff for the way they have risen to the challenges and continued to deliver for the people of Hamilton.

I’m proud of the amount of work that Elected Members have been able to do via online methods. I believe we were the first Council in New Zealand to conduct virtual Council and Committee meetings with all members participating. Whilst – rightly - there is appetite to make the most of these tools even as restrictions are lifted, we also look forward to connecting with our community face to face as soon as possible.

Enabling a blend of online and in-person activity will require improvements in our technology and physical layout of spaces – including the Council Chamber. Work to determine how we set ourselves up for a safe and modern workplace is underway.

New Zealand Institute of Skills & TechnologyI would also like to place on record my delight – which I know Councillors share – at the decision on the location of NZIST’s head office. Hamilton can rightly be proud. Huge thanks to everyone that contributed to a strong and successful bid. This was a team effort and the depth and width of that team was a bit part of the strength of our bid. I particularly acknowledge Waikato Tainui, Te Waka, Chamber of Commerce and our strong suite of education providers. I look forward to welcoming NZIST to Hamilton.

Mayoral ForumOver the last few weeks the Mayoral Forum has been meeting regularly to discuss the COVID- 19 response – in particular, recently, how our communities recover. Another key focus has been speaking with one strong voice to Central Government, to attract the strongest possible share of Government support and investment. We have also discussed the economic impacts of COVID-19 and how we can support our communities and provide economic stimulus.

Waikato PlanThere have also been Waikato Plan meetings focused on regenerating the good work based on advancing outcomes in the four wellbeings, and potentially refocusing a stream of work around post-COVID-19 recovery. Peter Winder has been informing that. Discussions with our partners are continuing, particularly around the governance model for the region’s leaders to guide recovery and how this links to the Waikato Plan. The views of Iwi are particularly important to consider; these are due imminently. The terms of reference for the Waikato Plan will be revised in the next few weeks once all feedback has been considered. The key to the future success of the plan is having a cross-sectorial level engagement that can inform and direct the leadership group in respect to aligning our individual and collective efforts, and our advocacy with Government and other stakeholders.

New Zealand Property CouncilLast week I took part in a webinar with the Waikato branch of the New Zealand Property Council, talking about the Council’s COVID-19 response and the future of the Hamilton to Auckland corridor. Members were particularly interested in the ‘shovel ready’ projects, on which we eagerly await news from Government.


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Electoral System ReviewStaff recently provided Elected Members with an update on the process and timeline for the upcoming Electoral System Review. Following on from this update, a drop-in session has been arranged in early June for Elected Members to understand more around the advantages and disadvantages of each system and to hear from a leading expert in this area.

As part of this update, staff sought the views of Elected Members with respect to carrying out pre-engagement with the community to find out what electoral system Hamiltonians would prefer and why, ahead of the decision coming to Council in August. Following on from this, Staff have begun developing the engagement material as outlined in the plan previously circulated to Elected Members, and note that there will be further opportunity for input from Elected Members into the final material at the appropriate time.

Recommendation: That the Council notes that staff have proceeded with developing Electoral System Review engagement material, and that there will be a further opportunity for input from Elected Members into the final material at the appropriate time.

Cr Thompson Finally, as you know, Cr Thompson will soon be having a baby. She has decided not to take a leave of absence, and will instead join meetings remotely wherever possible. I am pleased the new digital tools we are using will enable this to be possible. I know all Councillors wish Cr Thompson well as she embarks on this exciting new chapter in her life.

Paula Southgate Mayor Hamilton City


Author: Tracey Musty Authoriser: David Bryant

Position: Financial Controller Position: General Manager Corporate

Report Name: Fees and Charges (including GST) Proposed for Year 3 2020 21 of the

2018-28 10-Year Plan

Report Status Open

Purpose – Take

1. To inform the Council of the proposed 2020/21 Fees and Charges.

2. This proposal outlines the proposed Fees and Charges recommended for the third year of the 2018-28 10-Year Plan

3. To recommend to the Council to approve the proposed 2020/21 Fees and Charges.


4. That the Council approves the proposed 2020/21 Fees and Charges.

Discussion - Matapaki

5. Each year fees and charges are reviewed.

6. Attachment 1 lists Council’s full proposed 2020/21 fees and charges.

7. 69% of the proposed 2020/21 fees and charges remain unchanged from the approved 2019/20 fees and charges.

8. A further 11% of the proposed 2020/21 fees and charges have increased by inflation (and rounding).

9. 3% of the proposed 2020/21 fees and charges have increased by more than 5% and these have been explained in the comments section of Attachment 1.

10. 1% of the proposed 2020/21 fees and charges have decreased by more than 5% and these have been explained in the comments section of Attachment 1.

11. We are proposing 54 new fees and charges and discontinuing 59 fees and charges as per Attachments 2 and 3.

12. Council is required to approve the 2020/21 Fees and Charges Schedule by 30 June 2020 to comply with the Local Government Act 2002.

13. The Fees and Charges Schedule is required to be taken to Council for approval prior to the adoption of the Annual Plan as some of the fees and charges listed are invoiced before the end of the current financial period.

Legal and Policy Considerations - Whaiwhakaaro-aa-ture

14. The Schedule of Fees and Charges is part of Council’s Revenue and Financing Policy. These are reviewed annually and any changes are done so in conjunction with the Annual Plan.

15. Under s150 LGA there is no requirement to consult annually on fees and charges.

Wellbeing Considerations - Whaiwhakaaro-aa-oranga tonutanga

16. The purpose of Local Government changed on the 14 May 2019 to include promotion of the social, economic, environmental and cultural wellbeing of communities in the present and for the future (‘the 4 wellbeings’).

17. The subject matter of this report has been evaluated in terms of the 4 wellbeings during the process of developing this report as outlined below.

18. There are no known social, economic, environmental or cultural considerations associated with this matter.

Risks - Tuuraru

19. There are no known risks associated with the decisions required for this matter.

Significance & Engagement Policy - Kaupapa here whakahira/anganui

20. Staff have considered the key considerations under the Significance and Engagement Policy and have assessed that the recommendation(s) in this report has/have a low level of significance.


Attachment 1 - 2020-21 Annual Plan - Fees Charges Schedule

Attachment 2 - 2020-21 Annual Plan - New Fees & Charges

Attachment 3 - 2020-21 Annual Plan - Discontinued Fees & Charges.


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